Physical damage doesn't cover Warranty

Soby · 15-10-2020 5:47pm #1

Hi folks,

Bought a blender in person from an Irish store (assume I can't name) in July. By the end of September a plastic gear on the base of the blender had cracked and broken making it unusable. I brought it back to the store who stated physical damage isn't covered under the warranty and nothing could be done. I had the same blender for about 2 years prior before the same thing happened.

Is this true on the stores behalf ?

Do I need to more chase with the manufacturer or what's my next step ?

Thanks

swampy353 · 15-10-2020 6:28pm

Soby wrote: »

Hi folks,

Bought a blender in person from an Irish store (assume I can't name) in July. By the end of September a plastic gear on the base of the blender had cracked and broken making it unusable. I brought it back to the store who stated physical damage isn't covered under the warranty and nothing could be done. I had the same blender for about 2 years prior before the same thing happened.

Is this true on the stores behalf ?

Do I need to more chase with the manufacturer or what's my next step ?

Thanks

Did you do something that broke the blender e.g. physically dropped it? If yes, this is not a warranty issue. If not, the you have the right to go back to the store and say that the damage was caused by a manufacturing issue and they should repair, replace or refund (the stores decision)
You bought the blender through the shop, therefore your contract is with them and the obligation rests them, not the manufacturer.
Don't accept been fobbed off by the shop, drop in Sale of Goods and Supply of Services Act and say that the blender was not of merchantable quality and not durable More info
https://thecai.ie/your-rights/your-rights/know-your-rights/

Darc19 · 16-10-2020 3:28am

Unless you can show that this is a manufacturing fault, the store is correct.

Not sure what you mean about a gear, but it it's a lever you move to increase / decrease speed, then I would never expect it to be covered by warranty

Peregrinus · 16-10-2020 4:19am

Never mind the warranty; under the Sale of Goods and Supply of Services Act it's an implied term of the contract of sale that what the shop sells has is of merchantable quality and fit for the purpose for which it is sold. Unless you damaged it by, e.g., using it to blend something that shouldn't be blended in a blender, a blender with a crucial part that fails after two months is clearly not fit for purpose.

Your claim is against the shop, because they sold you the blender. Take it back to them and have them sort it out. Do not allow them to deflect by flannelling onabout the warranty; you are not claiming under any warranty.

The Continental Op · 18-10-2020 1:39pm

Soby wrote: »

Hi folks,

Bought a blender in person from an Irish store (assume I can't name) in July. By the end of September a plastic gear on the base of the blender had cracked and broken making it unusable. I brought it back to the store who stated physical damage isn't covered under the warranty and nothing could be done. I had the same blender for about 2 years prior before the same thing happened.

Is this true on the stores behalf ?

Do I need to more chase with the manufacturer or what's my next step ?

Thanks

Ask them if physical damaged isn't covered are you covered for spiritual damage?

Hint - just showing what a stupid statement they are making.

Sonics2k · 18-10-2020 2:20pm

Physical damage is never covered by a warranty. Unfortunately it's extremely hard to prove the damage is due to an actual fault with the device, which can typically only be done when the manufacturer has issued a comment confirming the problem, typically via a recall notice or similar.

The Continental Op · 18-10-2020 4:03pm

Sonics2k wrote: »

Physical damage is never covered by a warranty. Unfortunately it's extremely hard to prove the damage is due to an actual fault with the device, which can typically only be done when the manufacturer has issued a comment confirming the problem, typically via a recall notice or similar.

I think the words physical damage are the wrong ones to use here.

To me physical damage is when for example you drop a laptop and damage the screen.

A badly made or designed electrical item could go up in smoke (thinking of the tumble driers that did) and that is certainly physical damage but it was due to a design fault.

The OP has physical damage to an item that maybe caused by badly or cheaply made gears, its physical damaged but not damage that is due to his misuse of the product.

As stated by Peregrinus the issue is of merchantable quality.

Peregrinus · 19-10-2020 1:56am

Sonics2k wrote: »

Physical damage is never covered by a warranty.

Huh? Warranties covering both parts and service are very common.

By "physical damage" do you mean "exernally-inflicted physical damage"? As in, I hit my laptop with a sledgehammer and then complain that hit has ceased to work? Yeah, that's not going to be covered. But physical damage, as in "a part physically fails when the appliance is used in the normal way" would usually be covered by any warranty.

But, as already pointed out, the OP doesn't have to rely on any warranty in this case. On the facts stated in the OP there's a breach of contract, and the shop has to sort this out for him.

AngryLips · 19-10-2020 9:02am

I don't think this is a case of physical damage if the damage came about as a result of normal use as prescribed by the manufacturer. Like there is no reason to touch a plastic gear in the blender so it can really only be damaged through use, and if that use was for its described purpose such as blending fruit and veg then it should be covered by warranty.

km991148 · 19-10-2020 9:09am

If this was a fault incurred with normal usage, I'd be taking the 2 year one back as well (if it was an expensive blender that is)!!

Unless the way you are using them is wrong (hard to imagine) then don't be fobbed off as the others have said.

Physical damage doesn't cover Warranty

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